- 1 - HC-KAR NC: 2025:KHC:33754 RSA No. 835 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA REGULAR SECOND APPEAL NO. 835 OF 2020 (MON) BETWEEN: 1. SRI H KALYAPPA S/O LATE YERE NINGAPPA AGED ABOUT 67 YEARS, AGRICULTURIST, R/AT HIRENALLUR VILLAGE, HIRENALLUR HOBLI KADUR TALUK CHIKKAMAGALORE DISTRICT - 577 550 …APPELLANT (BY SRI. CHETHAN B C.,ADVOCATE) AND: 1. SRI H SIDDESH S/O. LATE HUCCHAPPA AGED ABOUT 51 YEARS, AGRICULTURIST, R/AT HIRENALLU VILLAGE, HIRENALLUR HOBLI, KADUR TALUK CHIKKAMANGALORE DISTRICT - 577 550 …RESPONDENT (BY SRI. RAVI KUMAR K N.,ADVOCATE) Digitally signed by JYOTHI MANJUNATH Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33754 RSA No. 835 of 2020 THIS REGULAR SECOND APPEAL IS FILED UNDER SECTION 100 OF CODE OF CIVIL PROCEDURE AGAINST THE JUDGMENT AND DECREE DATED 07.12.2019 PASSED IN RA.NO.12/2017 ON THE FILE OF THE SENIOR CIVIL JUDE AND JMFC., KADUR, PARTLY ALLOWING THE APPEAL AND SETTING ASIDE THE JUDGMENT AND DECREE DATED 03.02.2017 PASSED IN O.S.NO.506/2013 ON THE FILE OF THE II ADDITIONAL CIVIL JUDGE AND JMFC., KADUR. THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL JUDGMENT Learned counsel for the appellant has filed a memo reporting the death of appellant on 24.12.2024. memo reads as under: "The counsel for the appellant report the death of the appellant on 24.12.2024. Hence the suit filed by the appellant is abated. Hence the memo may be taken on record in the interest of justice." Further, learned counsel for the appellant submits that despite best efforts, the legal representatives of deceased appellant failed to contact him to proceed the case in accordance with law. - 3 - HC-KAR NC: 2025:KHC:33754 RSA No. 835 of 2020 Placing the memo on record, appeal is dismissed as abated. SD/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 73